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KREISLER & KREISLER, LLC v. NATIONAL CITY BANK

No. 11-1772.

657 F.3d 729 (2011)

KREISLER & KREISLER, LLC, Plaintiff-Appellant, v. NATIONAL CITY BANK; PNC Bank Corp., as successor in interest of National City Bank, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 6, 2011.

Attorney(s) appearing for the Case

Thomas R. Ysursa , argued, Belleville, IL, Bernard J. Ysursa, Sr. , Belleville, IL, C. Pat Ducey , Troy, IL, on the brief, for appellant.

James Walter Erwin , argued, St. Louis, MO, Mike W. Bartolacci , St. Louis, MO, Anthony J. O'Malley and Marcel C. Duhamel , Cleveland, OH, for appellee.

Before LOKEN, BEAM, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Kreisler & Kreisler, LLC (Kreisler) brought a class action against National City Bank and PNC Bank Corporation as its successor in interest (the Bank), alleging that the Bank breached its contract by charging interest in excess of the rate specified in the promissory note. The district court1 granted the Bank's motion to dismiss after concluding that the relevant provisions...

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